Albania Bar Exam — Provimi i Avokatisë (Dhoma Kombëtare e Avokatisë)

Under the Constitution of the Republic of Albania, what is the mandatory time limit for an individual to file an individual constitutional complaint (ankim kushtetues individual) before the Constitutional Court following the exhaustion of all effective ordinary legal remedies?

• AWithin 30 days from the date the final judicial decision was delivered to the party
• BWithin 4 months from the ascertainment of the violation of the right, once effective lega…
• CWithin 6 months from the date the alleged violation of fundamental rights occurred
• DWithin 1 year from the conclusion of the first-instance judicial proceedings

Which constitutional body is responsible for managing the judicial career, ethical standards, discipline, and appointment of first-instance and appellate judges in the Republic of Albania following the 2016 Judicial Reform?

• AThe Ministry of Justice (Ministria e Drejtësisë)
• BThe High Judicial Council (Këshilli i Lartë Gjyqësor - KLGj)
• CThe High Prosecutorial Council (Këshilli i Lartë i Prokurorisë - KLP)
• DThe High Court of Albania (Gjykata e Lartë)

Under Article 17 of the Albanian Constitution, any limitation of fundamental human rights and freedoms must satisfy which strict legal criteria?

• AIt must be established solely by sub-legal normative acts of the Council of Ministers bas…
• BIt may only be established by law, for an established public interest or protection of th…
• CIt may be enacted by municipal councils whenever local public safety demands urgent measu…
• DIt requires prior unanimous approval from the High Prosecutorial Council and the Ombudsman

In the hierarchy of normative acts in the Republic of Albania pursuant to Article 116 of the Constitution, which of the following is positioned directly below the Constitution and ratified international agreements?

• ADecisions of the Council of Ministers (VKM)
• BNormative Acts of the Council of Ministers with the force of law
• CPrimary statutes enacted by the Assembly of Albania (Ligjet)
• DInstructions of individual Ministers

Which specialized constitutional institution investigates disciplinary violations and initiates disciplinary proceedings against judges and prosecutors before the High Judicial Council and High Prosecutorial Council in Albania?

• AThe Special Anti-Corruption Structure (SPAK)
• BThe High Justice Inspector (Inspektori i Lartë i Drejtësisë - ILD)
• CThe People's Advocate (Avokati i Popullit)
• DThe State Supreme Audit Institution (KLSH)

When ordinary courts in Albania find that a primary law applicable to a pending case is incompatible with the Constitution, what procedural action must the presiding judge take under Article 145(2) of the Constitution?

• ADeclare the primary law null and void and strike it from the legal order immediately
• BSuspend the ongoing judicial proceedings and submit a request to the Constitutional Court…
• CDisregard the constitutional contradiction and apply the statute without exception
• DRefer the legal question to the Minister of Justice for binding statutory interpretation

Under the Albanian Constitution, what is the special qualified majority required in the Assembly (Kuvendi) to approve amendments to the Constitution?

• AA simple majority of all deputies present in the session
• BAn absolute majority (more than half) of all members of the Assembly
• CAt least two-thirds (2/3) of all members of the Assembly
• DAt least three-fifths (3/5) of all members of the Assembly

Under Article 6 of the Civil Code of the Republic of Albania (Law No. 7850/1994), at what point does a natural person acquire full legal capacity to act (zotësia për të vepruar)?

• AAt the moment of birth, provided the child is born alive
• BUpon reaching the age of 14 years, with parental consent
• CUpon reaching the age of 18 years, or upon entering into a lawful marriage before 18
• DUpon completion of mandatory secondary education and registration in the civil registry

What is the general statutory prescription period (afati i përgjithshëm i parashkrimit të padisë) for civil claims under Article 114 of the Civil Code of Albania, unless a specific statutory exception applies?

• A3 years
• B5 years
• C10 years
• D20 years

Under Article 115 of the Albanian Civil Code, which of the following civil actions is subject to a shorter 3-year statutory prescription period?

• AA claim for recovery of real property through a vindication lawsuit (padia e rivendikimit)
• BClaims for the payment of rent on dwellings, shops and other immovables, and claims for c…
• CA claim for the division of co-owned inheritance assets
• DA claim for declaration of absolute nullity of an unlawful contract

Under the Albanian Civil Code, what distinguishes absolute invalidity (pavlefshmëria absolute) from relative invalidity (pavlefshmëria relative / e anulueshme) of a legal transaction?

• AAn absolutely invalid contract can be validated by mutual subsequent agreement, whereas a…
• BAbsolute invalidity arises by operation of law for transactions violating mandatory statu…
• CAbsolute invalidity can only be claimed by the contracting parties within 1 year, whereas…
• DRelative invalidity makes the contract void immediately, whereas absolute invalidity leav…

Under Article 296 of the Albanian Civil Code, which civil action allows an owner to demand the return of their property from any person who possesses or detains it without a lawful title?

• APadia mohuese (Actio negatoria - Article 302)
• BPadia e rivendikimit (Actio reivindicatio - Article 296)
• CPadia për pushimin e cënimit të posedimit (Article 312)
• DPadia e kthimit të pasurimit pa shkak (Article 655)

Under Article 622 of the Albanian Civil Code, what liability regime applies to a person who carries out an activity that is dangerous by its nature, or by the nature of the things used, and thereby causes damage to others?

• ALiability is presumed against the operator, who is released only by proving that they use…
• BLiability arises only where the injured party proves gross intentional negligence on the…
• CThe ordinary rule applies unchanged, so the claimant carries the full burden of proving t…
• DNo liability arises where the operator holds a valid municipal permit authorising the act…

Under Law No. 9901/2008 'On Entrepreneurs and Commercial Companies' in Albania, what is the statutory minimum initial capital required to incorporate a Limited Liability Company (Shoqëri me Përgjegjësi të Kufizuar - SHPK)?

• A100 Albanian Lek (ALL)
• B100,000 Albanian Lek (ALL)
• C3,500,000 Albanian Lek (ALL)
• D10,000,000 Albanian Lek (ALL)

Under Law No. 9901/2008, what is the minimum statutory capital required to establish a Joint-Stock Company (Shoqëri Anonime - SHA) with private offering in Albania?

• A500,000 ALL
• B1,000,000 ALL
• C3,500,000 ALL
• D10,000,000 ALL

In an Albanian General Partnership (Shoqëria Kolektive - SHK), what is the nature of the partners' liability for the company's debts and obligations towards third parties?

• ALimited strictly to the amount of their initial capital contribution
• BUnlimited, joint, and several (solidare dhe të pakufizuara) with all their personal assets
• CLimited for managing partners and unlimited for silent partners
• DSubsidiary only up to twice the nominal registered value of the partnership

Under Article 541 of the Albanian Civil Code, what is the legal effect of a contractual penalty clause (kushti penal) agreed upon in writing by contracting parties?

• AIt renders the entire underlying contract null and void as an unlawful wager
• BIt determines in advance the liquidated damages payable in case of non-performance or del…
• CIt requires mandatory court approval prior to signature to be enforceable
• DIt replaces the main obligation and automatically cancels the debtor's duty to perform

Under Article 283 of the Albanian Civil Code, which servitudes may be created by acquisitive prescription (parashkrim fitues), and over what period?

• AOnly continuous and apparent (vijuese e të dukshme) servitudes, which may be created by t…
• BAll servitudes, including non-apparent and discontinuous ones, are acquired by 3 years of…
• CServitudes can never be acquired by prescription under Albanian property law
• DAcquisitive prescription applies exclusively to personal usufruct rights

Under Article 658 of the Albanian Civil Code, when is an action for enrichment without cause (begatimi pa shkak) admissible in civil litigation?

• AOnly as a primary remedy superseding any valid contractual or tort claim
• BSubsidiarily, only when the impoverished party has no other specific legal action availab…
• CExclusively in commercial transactions between registered corporations
• DWhenever the defendant has earned higher annual revenue than the plaintiff

Under the Albanian Civil Code, what is the statutory form required for a contract transferring ownership of immovable property (pasuri e paluajtshme) to be legally valid?

• ASimple written agreement signed by the parties and two witnesses
• BNotarial deed (akt noterial) executed before a licensed Notary and registered in the Immo…
• COral agreement confirmed by bank transfer receipt of the purchase price
• DStandard electronic invoice uploaded to the General Directorate of Taxation

Under Article 443 of the Code of Civil Procedure of the Republic of Albania (Law No. 8116/1996 as amended), what is the statutory deadline for filing an ordinary appeal (ankim) against a first-instance court decision?

• A5 days from the hearing
• B15 days from the day following the announcement or notification of the reasoned decision
• C30 days from the date the lawsuit was filed
• D60 days from the registration of the executive title

Under Article 472 of the Code of Civil Procedure of Albania, on which specific legal grounds may a party file a recourse (rekurs) before the High Court (Gjykata e Lartë)?

• AFor simple re-evaluation of factual evidence and witness credibility heard in lower courts
• BOnly for wrong application of substantive or procedural law of fundamental importance for…
• CWhenever the losing party disagrees with the monetary calculation of court taxes
• DOnly if the presiding judge of the appellate court grants written permission to appeal

Under Article 202 of the Code of Civil Procedure, what conditions must a claimant satisfy for the court to grant interim protective measures (sigurimi i padisë)?

• AThe claimant must prove beyond reasonable doubt that the defendant committed a criminal f…
• BThere must be reason to doubt that execution of the future decision will become impossibl…
• CThe claimant must deposit the entire monetary value of the lawsuit into the state treasur…
• DInterim relief can only be granted if the defendant consents in writing during the prepar…

Under the Code of Civil Procedure, what is the legal consequence if a statement of claim (kërkesëpadi) fails to state the specific cause of action (shkaku i padisë) or the concrete relief sought (objekti i padisë)?

• AThe court immediately enters default judgment against the defendant
• BThe court fixes a reasonable deadline for the claimant to rectify the procedural defects,…
• CThe court automatically transfers the file to the administrative police
• DThe case proceeds directly to final oral arguments without evidentiary hearings

Under Article 510 of the Albanian Code of Civil Procedure, which of the following documents constitutes an enforceable title (titull ekzekutiv) that can be enforced directly by a bailiff (përmbarues gjyqësor)?

• AAn unnotarized promissory note written on plain paper without witness verification
• BA final civil court judgment (vendim gjyqësor i formës së prerë) and a notarial act estab…
• CA preliminary investigation report prepared by the judicial police
• DA draft contract submitted to the public procurement portal

Under Article 494 of the Code of Civil Procedure, when may an extraordinary request for review of a final judgment (rishikimi i vendimit të formës së prerë) be granted?

• AWhenever a party simply feels that the court's valuation of emotional distress was unsati…
• BWhen new written evidence is discovered that could not have been known or obtained during…
• CWhenever the winning party changes their residence to another judicial district
• DAutomatically after 5 years have elapsed from the date of final judgment

Under Article 96 of the Code of Civil Procedure, what formal instrument is required for an advocate (avokat) to represent a party in civil judicial proceedings in Albania?

• AA verbal authorization given over the telephone to the court clerk
• BA power of attorney (prokurë), general or special, made in writing under the Civil Code r…
• CThe client's personal identity card left in the advocate's custody
• DA letter of recommendation from the Ministry of Justice

PRACTICAL CASE (Civil): Company 'A' (contractor) enters into a written construction contract with Company 'B' (employer) for 10,000,000 ALL. The contract specifies completion by 1 October 2025. On 1 December 2025, Company 'A' has only completed 30% of the works without any justification. The contract contains a valid clause entitling Company 'B' to terminate the contract for material breach upon 15 days written notice and demand 10% penalty. Company 'B' serves the formal notice, but Company 'A' refuses to vacate the construction site. What is the most appropriate procedural claim for Company 'B's advocate to file?

• AA criminal complaint for aggravated theft of construction materials under Article 134 of…
• BA civil lawsuit for judicial confirmation of contract termination (zgjidhja e kontratës),…
• CAn administrative appeal to the National Inspectorate of Territory Protection (IKMT)
• DA private debt collection letter without filing any judicial action

PRACTICAL CASE (Civil): Citizen 'K' purchased an apartment in Tirana via a private contract (shkresë e thjeshtë) from developer 'D' in 2018 and paid the full price. Developer 'D' never executed the notarial deed. In 2025, developer 'D' took a commercial loan from Bank 'X' and mortgaged the entire building, including apartment 'K'. Bank 'X' has now initiated executive foreclosure against the building. What legal action should advocate for 'K' take to protect the client's interests?

• AFile the third party's claim for the recovery of the item (padia për kërkimin e sendit ng…
• BAdvise the client that private contracts over real estate are void and nothing can be done
• CFile an administrative complaint with the State Cadastre Agency demanding revocation of t…
• DApply for personal bankruptcy under corporate reorganization rules

PRACTICAL CASE (Civil): Landowner 'M' discovers that neighboring landowner 'N' has constructed a concrete perimeter fence that encroaches 2.5 meters onto 'M's legally registered cadastral parcel. 'M' holds clean registered title from ASHK. 'N' refuses to remove the fence. Which action is the legally correct claim for 'M's advocate to file in the first-instance civil court?

• APadia e rivendikimit (Article 296 Civil Code) and Padia mohuese (Article 302 Civil Code)…
• BAn action for division of common property under Article 207 Civil Code
• CA claim for restitution of unjust enrichment under Article 655 Civil Code
• DA request for commercial arbitration before the Chamber of Commerce

PRACTICAL CASE (Civil): Client 'G' was severely injured in a traffic accident caused by driver 'T', who ran a red light. The vehicle driven by 'T' was insured with Insurance Company 'S'. Client 'G' incurred 1,200,000 ALL in verified medical expenses and suffered a 25% permanent disability impacting future earnings. Prior to filing a civil damages lawsuit in court against Insurance Company 'S', what mandatory statutory step must advocate for 'G' take?

• AFile a criminal lawsuit directly before the High Court of Albania
• BSubmit the written compensation claim to the insurer under Law No. 32/2021 and await its…
• CRequest permission from the Financial Supervisory Authority (AMF) to initiate litigation
• DObtain an affidavit from the municipality certifying the accident occurred

PRACTICAL CASE (Civil): In an inheritance dispute, decedent 'H' died leaving a notarized will distributing all his real estate to a non-relative charity. Decedent 'H' is survived by his 16-year-old disabled son 'E', who was left entirely without inheritance. What specific lawsuit must the legal representative of son 'E' file under the Albanian Civil Code?

• AA lawsuit for reduction of the testamentary disposition (padia për zvogëlimin e disponime…
• BA lawsuit to declare the charity criminally liable for fraud
• CAn action for division of partnership assets under commercial company law
• DA petition to the Ministry of Justice for an administrative pardon

PRACTICAL CASE (Civil): An advocate represents a creditor holding a final, enforceable monetary judgment of 5,000,000 ALL against a debtor company. The debtor has emptied its bank accounts and is actively transferring warehouse merchandise to an affiliate entity. What urgent enforcement remedy should the advocate immediately file with the judicial bailiff under the Code of Civil Procedure?

• AA request for a conciliation mediation session
• BAn application for conservative and executive seizure (sekuestro ekzekutive/konservative)…
• CA letter of complaint to the General Tax Directorate requesting closure of the debtor's b…
• DA motion to the Constitutional Court for abstract interpretation of commercial law

PRACTICAL CASE (Civil): Partner 'V' holds a 40% equity quota in an Albanian SHPK. The managing director (administrator) refuses to provide 'V' with access to company accounting records, annual financial statements, and bank audit reports for the past two years. Under Law No. 9901/2008, what is 'V's legal recourse?

• APartner 'V' has an absolute statutory right to inspect books and records under Article 75…
• B'V' must sell their shares to the administrator at 10% nominal value
• C'V' can only request documents if holding at least 75% voting control
• D'V' must file a criminal complaint with the International Court of Justice

PRACTICAL CASE (Civil): Citizen 'R' loans 2,000,000 ALL to friend 'S' under a written loan agreement specifying repayment on 1 June 2020. No interest or penalty was mentioned. 'S' failed to pay on the due date. On 15 July 2025, 'R' consults an advocate about suing 'S' for repayment. How should the advocate advise 'R' on the prescription of the claim?

• AThe claim is barred, because all loan actions expire three years after the due date
• BThe claim is timely, because a loan repayment claim falls under the general ten-year peri…
• CThe claim is barred by the one-year commercial prescription limit applicable to all money…
• DLoans between natural persons never prescribe under Albanian civil law

PRACTICAL CASE (Civil): Buyer 'P' purchases a used industrial machine from Seller 'Q' for 500,000 ALL. Two weeks after delivery, the machine's internal gearbox breaks down due to a pre-existing hidden structural defect (ves i fshehur) that was undetectable during ordinary visual inspection. Under Article 717 of the Albanian Civil Code, what must 'P' do to preserve their rights over the defect?

• ABuyer 'P' must immediately discard the machine without notifying the seller
• BBuyer 'P' must denounce the defect to Seller 'Q', specifying its nature, within ten days…
• CBuyer 'P' must file a criminal fraud complaint within 24 hours with the police
• DBuyer 'P' has no legal remedy because used goods carry no statutory warranty in Albania

PRACTICAL CASE (Civil): Co-owners 'X', 'Y', and 'Z' inherited an agricultural estate in equal 1/3 shares. 'X' wishes to sell their 1/3 share to an unrelated third party 'W' for 3,000,000 ALL. Under Article 204 of the Civil Code, what statutory pre-emption right (e drejta e parablerjes) do co-owners 'Y' and 'Z' possess?

• ANone; 'X' is free to sell to any third party without giving notice to co-owners
• B'X' must first ask 'Y' and 'Z' in writing whether they wish to buy the share on the same…
• C'Y' and 'Z' may take the share only by paying double the price offered by 'W', the premiu…
• DThe sale to 'W' is automatically void and the share passes to the state agricultural fund…

PRACTICAL CASE (Civil): Tenant 'T' signed a 1-year residential lease with Landlord 'L'. After 4 months, a major water pipe in the building's main structure ruptured, flooding the apartment and making it uninhabitable. 'L' refused to carry out necessary structural repairs. Under the Civil Code of Albania, what remedies are available to Tenant 'T'?

• ATenant 'T' must continue paying the full rent until the 1-year term expires
• BTenant 'T' is entitled to demand immediate structural repairs by the landlord, a proporti…
• CTenant 'T' can seize the building title and become the owner
• DTenant 'T' must report the landlord to the Constitutional Court

PRACTICAL CASE (Civil): During the preparatory session of a civil commercial trial, the defendant's advocate discovers that the claimant's statement of claim was signed solely by a foreign non-resident director whose corporate mandate expired 6 months prior to filing the lawsuit. What procedural objection must the defense advocate immediately raise under the Code of Civil Procedure?

• AMungesa e legjitimitetit procedural / mungesa e tagrit të përfaqësimit (lack of procedura…
• BRecusal of the court reporter for bias
• CTransfer of the case to international commercial arbitration without contract basis
• DA request to double the monetary amount of the claim

PRACTICAL CASE (Civil): A plaintiff wins a first-instance money judgment of 1,000,000 ALL against a defendant on 10 January 2026. The reasoned judgment is formally served on the defendant on 15 January 2026. The defendant delivers an appeal petition to the postal service on 29 January 2026. The court receives the physical envelope on 3 February 2026. The plaintiff's lawyer files a motion to reject the appeal as filed out of time (jashtë afatit). How should the court rule on the timeliness of the appeal?

• ADeclare the appeal untimely because the physical document reached the court after the 15-…
• BDeclare the appeal timely, because under Articles 443, 148 and 149 of the KPC the fifteen…
• CDismiss the lawsuit entirely because appeals must be delivered in person by the party
• DRefer the issue to the High Justice Inspector for guidance

Under Article 1 of the Criminal Code of the Republic of Albania (Law No. 7895/1995 as amended), what fundamental principle of legality (parimi i ligjshmërisë - nullum crimen, nulla poena sine lege) governs criminal liability?

• ACourts may create new criminal offenses by applying analogy to harmful social behavior
• BNo one can be punished for an act that was not expressly provided for by law as a crime o…
• CCustomary unwritten norms can establish criminal penalties if accepted by community elders
• DThe Council of Ministers may enact retroactive criminal penalties via normative acts

Under Article 12 of the Albanian Criminal Code, at what age does a person acquire criminal responsibility (përgjegjësia penale) for committing a crime (krim) versus a criminal misdemeanor (kundërvajtje penale)?

• A12 years for crimes and 14 years for misdemeanors
• B14 years for crimes and 16 years for criminal misdemeanors
• C16 years for all criminal offenses without exception
• D18 years for all offenses, with juvenile detention applied below 18

Under Article 19 of the Albanian Criminal Code, what constitutes necessary defense / self-defense (mbrojtja e nevojshme) as a justification excluding the criminality of an act?

• AAny violent retaliation executed days after an unlawful insult has occurred
• BAn act committed to repel an actual, unjust, and direct attack against one's own or anoth…
• CUsing deadly force against a non-violent trespasser picking fruit in an open field
• DPhysical assault committed under the influence of voluntarily consumed alcohol

Under Article 22 of the Albanian Criminal Code, how is a criminal attempt (tentativa) defined and penalized?

• AMerely thinking about committing a crime without taking any physical actions
• BDeliberate direct actions taken to commit a crime that are not completed due to circumsta…
• CVoluntarily abandoning a plan before purchasing any instruments
• DUnintentionally causing property damage through pure negligence

Under Article 26 of the Albanian Criminal Code, which of the following lists the four recognized statutory forms of criminal complicity (bashkëpunimi)?

• APlaintiffs, defendants, third parties, and witnesses
• BOrganizers (organizatorët), executors (ekzekutorët), instigators (shtytësit), and aiders/…
• CPrincipals, civil servants, legal entities, and insurers
• DPrimary investigators, forensic experts, bailiffs, and prison guards

Under Article 59 of the Albanian Criminal Code, what conditions allow a court to order the suspension of execution of a prison sentence and place the convicted person on probation (pezullimi i ekzekutimit të dënimit me burgim)?

• AThe sentence imposed is up to 5 years of imprisonment, and considering the minor dangerou…
• BThe sentence is life imprisonment and the convict promises not to commit crimes again
• CProbation is mandatory for all economic offenses regardless of sentence length
• DProbation can only be granted if the victim signs a full pardon at the police station

Under Article 248 of the Albanian Criminal Code, what are the constituent elements of the criminal offense of Abuse of Office (shpërdorimi i detyrës)?

• AA private citizen failing to pay rent on a commercial property on time
• BIntentional commission or omission of acts by a person exercising public functions in vio…
• CA judicial bailiff executing a valid final court order within legal boundaries
• DA doctor in private practice charging consultation fees approved by the medical chamber

Under Article 244 and 259 of the Criminal Code of Albania, how does the law distinguish Active Corruption (korrupsioni aktiv) from Passive Corruption (korrupsioni pasiv) of public officials?

• AActive corruption is committed by the person who promises, offers, or gives an irregular…
• BActive corruption involves physical violence, whereas passive corruption involves verbal…
• CActive corruption applies only to foreign diplomats, whereas passive corruption applies t…
• DThere is no legal distinction; both are identical terms under Albanian criminal law